Rhode Island Litigation Legal Questions

Generally, no.  While there is more leeway to admit certain types of hearsay where the declarant is unvailable, none of them are broad enough to encompass the affidavit you contemplate.  The other side is entitled to cross-examine your witnesses, and submitting an affidavit doesn't allow them to do so. However, you may be able to accomplish your goal by deposing your wife sometime before the discover cutoff date, although that may be expensive, since you will have to pay for a court reporter.  You would provide the other side with notice of when and where the deposition would take place, a court reporter would swear in your wife and transcribe the proceedings, you could question your wife, the other side would cross-examine her.  I don't know the particular rules of Rhode Island procedure in landlord/tenant cases (which you had better check to make sure you comply with all the formalities), but sworn deposition testimony can generally be admitted into evidence far more readily than an affidavit.... Read More

It would have been best if you had a prenuptial agreement that included these stocks. However, as a general rule property that you bring into a marriage remains your separate property. If you can demonstrate through a paper trail that no community funds were added to the accounts then generally speaking these funds should be found to be your separate property. You should consult with an experienced Arizona family law attorney to review this issue.... Read More